Habitation Offenses Flashcards
Define burglary (common law)
Breaking and entering of the dwelling of another at night with the intent to commit a felony inside.
How much force is required to “break” into a building for purposes of burglary?
Minimal force - merely opening a window or door is enough.
But climbing through an already open window is not breaking.
Can a person commit burglary if they enter by threat or fraud but don’t use physical force?
Yes - this is called constructive breaking.
If a defendant’s pinky finger crossed the threshold, is that entry?
Yes - entry by ANY part is sufficient.
Define dwelling for purposes of burglary.
Any place where someone regularly sleeps.
What mental state is required for burglary?
specific intent
How have states modernized the common law definition of burglary?
Omitting one or more technical requirement - like nighttime requirement, dwelling requirement, or breaking requirement, etc.)
Define 3rd degree burglary in NY.
Entering or remaining in a building, unlawfully, with intent to commit a crime inside.
Define 2nd degree burglary in NY.
Entering or remaining in a building, unlawfully, with intent to commit a crime inside + one of the following:
- building is a dwelling
- non-participant is injured
- D is carrying a weapon
Define 1st degree burglary in NY.
D KNOWS the building is a dwelling +
Participant is injured, or
D is carrying a weapon
Define arson (common law).
Malicious burning of a building.
How is burning defined for purposes of arson?
Material wasting, and the actual building (not just the carpet or wallpaper) burns.
Define 3rd Degree Arson in NY.
Intentional burning of a building.
What aggravates 3rd degree arson in NY to 2nd and 1st?
second: + D knows or should have known that there was a person inside
first: second + D used an explosive or incendiary device.
What mitigates third degree arson to fourth?
burning of the building is reckless, not intentional.
